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AIBU?

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Original poster

I panicked and left

30 replies

Hazelnutmist · 02/12/2024 22:10

Can anyone advise me. I literally panicked and left the country because I was told I would be sent to prison and have my kids taken away from me. Now after a few months I've managed to calm down, maybe i overreacted (a lot?) and did not need to.
I was told by fraud investigation officers that I had £25,000.00 in undeclared stocks. This account was set up years before I claimed benefits. I didn't even know this money existed so I was shocked. Putting 2 and 2 together, I realised it was almost definitely my parent who opened this account for me but our relationship broke down and we haven't been on speaking terms for many years. I was honest and told the officers I didn't know this account existed and the money that was put in it did not come from my account (which is easily proven). I was told that I would most likely go to prison and I completely freaked out! I'm a single parent with small children and the thought of being taken away from my kids terrifies me. I am all they have and they are all i have left in this world. So I moved abroad soon after my interview (I was already planning this for a long time as I've been struggling with the cost of living and mental health being alone in uk).
I've been considering coming back to uk, now that i've managed to calm down, and hoping it will be OK. I have been truthful and been cooperating with dwp till now even while abroad. Does anyone with experience here think that I could be prosecuted? Thank you for reading and please be kind, I don't have any adult family members to go to for advise.

OP posts:
Guest100 · 02/12/2024 22:12

You really need to speak to a lawyer.

GridlockonMain · 02/12/2024 22:12

You need legal advice, not advice from mumsnet. Find yourself a reputable criminal solicitor who has experience dealing with fraud cases and get their advice on the specifics of your situation. It would be well worth the money for you to us he certainty over this.

MrsToothyBitch · 02/12/2024 22:15

You absolutely need to talk to a lawyer.

creamsnugjumper · 02/12/2024 22:19

So you have this money in your name? I mean I'd say lawyer but I can't even understand the issue?

No need to reply I'll look it up, but how is it fraud?

colesr · 02/12/2024 22:22

creamsnugjumper · 02/12/2024 22:19

So you have this money in your name? I mean I'd say lawyer but I can't even understand the issue?

No need to reply I'll look it up, but how is it fraud?

Claiming benefits and not declaring £25k?

GertrudePerkinsPaperyThing · 02/12/2024 22:27

You definitely need to speak to a lawyer

creamsnugjumper · 02/12/2024 22:28

@colesr I see that makes more sense. Thank you I was struggling to make the connection between fraud and having the money and didn't realise the benefits claim part.

PeriPeriMam · 02/12/2024 22:29

You need actual legal advice. This post reads as though they told you you were facing prison so you fled the country. It seems very likely they'll want to talk to you about that. Why you want to come back, given that you said you wanted to leave anyway? The cost of living here remains very high.

Divebar2021 · 02/12/2024 22:33

Sounds like they were trying to pressure you into making a confession. Did you have legal representation for that interview?
If it was a police interview they would put the allegation to you and you would give your defence ( eg I knew nothing about it). They would then go to your parents to establish who set up the accounts and whether you knew anything about it. They could also establish from the bank who / where they had been sending financial statements. I don’t see how you could be charged for a fraud but you obviously need some legal advice. I’m not sure about leaving the country and what implications there may be because I’m not familiar with DWP powers.

DancingHippos · 02/12/2024 22:34

How did they find your account and can you prove that you didn't access it? Can it be shown that your parent opened it?

Littlemissgobby · 02/12/2024 22:39

May I ask how does some one on benefits manage to afford to move abroad because I know what I get a month and I woukdnr have the cash to up sticks and find a place and move abroad like that

Littlemissgobby · 02/12/2024 22:41

DancingHippos · 02/12/2024 22:34

How did they find your account and can you prove that you didn't access it? Can it be shown that your parent opened it?

More to the point how do you afford to live and move abroad if on benefits as I know what I get and I assume even a single mum wouldn't be on that much more

MumblesParty · 02/12/2024 23:07

Is there more to this than you’re saying OP? I can’t believe someone would be threatened with prison for failing to declare money they can prove they didn’t know they had.
Anyway, why not stay where you are? You presumably have rights to live there, and you’re managing financially without benefits, so I’d stay put if I were you.

SnickerDoodledoo · 02/12/2024 23:10

Prison for 25k?

You’re likely to get a fine and community service.

I read that a woman didn’t declare 30k and she didn’t get a prison sentence.

Gymnopedie · 02/12/2024 23:10

So who's looking after your kids while you're abroad?

colesr · 02/12/2024 23:41

Gymnopedie · 02/12/2024 23:10

So who's looking after your kids while you're abroad?

Surely as OP is a single parent, she is?

Livelovebehappy · 02/12/2024 23:42

How are you surviving whilst abroad? Are you working and presumably managing without benefits?

RedVelvetIcing · 02/12/2024 23:45

Op could have still been working and claiming some benefits as a top up.

Littlemissgobby · 02/12/2024 23:49

RedVelvetIcing · 02/12/2024 23:45

Op could have still been working and claiming some benefits as a top up.

I will say this again if you need benefits to survive. How the f* are you able to afford to go abroad and start living a life abroad? In what, in a hotel in a flat? How are you doing that

oviraptor21 · 02/12/2024 23:54

Friend/family supporting?

OP how long ago did you leave the UK?

redalex261 · 03/12/2024 11:25

A fraud investigator should never tell you that you would go to prison. For a start it's not their decision, it's up to the CPS/COPFS.

Prison is a (remote) possibility for benefit fraud - especially a single issue offence with no organised fraud element. Yes, you can be prosecuted and you will have to repay any overpayment.

Were you interviewed under caution using recording equipment? if not it is not a prosecution case. If an investigator actually said you would be going to prison and that was on the recording then it is very likely the prosecution would not proceed as they have not done their job properly. You would obviously have to pay back debt.

If you've just panicked and heard what you expected to hear (sounds possible TBH) you could have totally misinterpreted the situation. You should also have been questioned on whether you sought legal advice, if you wanted to do so now etc. if being considered for prosecution. Without this the recorded interview is useless.

redalex261 · 03/12/2024 11:27

Contact a solicitor.

Grannyinnwaiting · 03/12/2024 11:40

This reply has been deleted

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devongirl12 · 03/12/2024 11:57

What country are you in now?

Are you happy there?

The UK has a lot of problems and the COL is still high. And you were planning to move anyway.

Dweetfidilove · 03/12/2024 12:07

Maybe the OP has family overseas who could support her in getting settled. Maybe she could start a job or business with less.

I know quite a few people who have returned to my home country, especially from the USA, because with some funds (not a great deal) and an overseas education, you get snapped up for jobs you don't access overseas.

Housing laws are also less stringent, so you can purchase land cheaply and build your home in your time.

@Hazelnutmist , you need a lawyer as fraud cases don't go away. At worst you likely will have been asked to repay any benefits you weren't entitled to. Now, however, this will have escalated to a bigger issue than it was then, so engage a lawyer.